Filing a Workers' Comp Claim in New York

Notify the employer in writing as soon as possible, and within 30 days of the injury. A worker who does not notify the employer within 30 days may lose the right to workers' compensation benefits.

File an Employee Claim (Form C-3) with the Workers' Compensation Board as soon as possible. It must be filed within two years of the accident, or for an occupational disease, within two years after the worker knew or should have known the condition was caused by the job. Death claims must be filed within two years of the worker's death.

Give the employer written notice and file an Employee Claim (Form C-3) with the Board, online or on paper; if the same body part was injured before, also file a Limited Release of Health Information (Form C-3.3). The employer must notify its insurer within 10 days if treatment beyond first aid or lost time is involved. An insurer that disputes a claim must file a notice of controversy within 18 days after disability begins or 10 days after learning of the injury, whichever is later. To ask the Board to act on an issue, a worker can file a Request for Assistance (Form RFA-1W). Disputes may be resolved by administrative decision, conciliation, or a hearing before a Workers' Compensation Law Judge. The Board's Advocate for Injured Workers can help.

A party has 30 days from the filing of a Workers' Compensation Law Judge's decision (or a final administrative decision) to request administrative review by the Board; the other side then has 30 days to file a rebuttal, and a three-member Board panel issues a memorandum of decision. Within 30 days of that decision, a party may request full Board review. Panel decisions, denials of full Board review and full Board decisions may be appealed to the Appellate Division, Third Department. A final proposed conciliation decision cannot be appealed.

Notify your employer of a work injury within 30 days. File an Employee Claim (Form C-3) with the New York Workers' Compensation Board online, by mail or email, or in person at a Board office, within two years of the accident (or of when you knew or should have known an illness was work-related). Check your claim and documents in eCase, the Board's electronic case folder. Board customer service (toll-free): (877) 632-4996, Monday-Friday 8:30 a.m.-4:30 p.m., with free language assistance.